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Renting yard area on family farm , wants us out

13-05-2018, 07:07 AM

Good morning,

Am hoping you can give me some advice please.
Have paid monthly "yard" rent on time for last 15 or so years, rent free prior to that.
Verbally told yesterday to move out by November. "You have outgrown yard"
No written agreement or lease just monthly invoices stating "yard rent". Yard also used for personal non business related stuff.
No mention on invoice of shed we took over to which we are sole key holder. No facilities provided by LL, we put in electric from farm house and water.
Free to come and go as we please 7 days a week. No LL locked access to farm yard or rented area.
Family farm.
Business now employs 8 people and moving it will be hugely difficult due to rural location and therefore travelling distances for employees. Service industry based visiting Clients properties.

He is a bit of a bully, in his 70s and not particularly well but if it has to be decided in Court so be it.

Comment

I can't see a court agreeing that you have any rights beyond what is in your contract (whether implied or written). This is not a residential tenancy. he wants his land back and you seen to have been given more than sufficient notice (nearly half a year).

Comment

You say you are carrying on a business. So along as it is not agricultural you have the protection of Part II of the Landlord and Tenant Act 1954. If your landlord wants possession he has to establish one of the statutory grounds:.See here: http://www.lawsonlewis.co.uk/landlor...-of-tenure.htm

Comment

Thanks for the link. We are carrying on a profitable business supplying Grounds maintenance services so I guess that means Ag based though we grow nothing. I was not aware the the Act was business specific but this is all rather new to us.
we have installed our own buildings plus have the sole use of one we were initially given.

Comment

I assume planning status of farm is still agricultural? May be wrong but I think you would need change of use to carry out the business you do in the buildings (but more than 10 years would get cert of lawfulness). You would not class as agricultural for planning. I would think you would be entitled to compensation for the improvements you have made or the buildings you have put up but if that was agreed why stay? I do not understand the concept of passing the farm generation to generation - does the owner have children? Do they have plans for the place? Is that the ulterior motive?

Comment

Thanks All.
Development is possible but unlikely planning would be granted. This being the case that is a valid reason for notice but there is no known intention to redevelop. Tenure of area commenced 1993 so before the changes in 1995.

Comment

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My Sister has had a field near to her house for the grazing of horses for 9 years. It is on a 3 year Licence and has been renewed twice before.
The Licence expires in September.
The owner of the land has employed a Chartered Surveyor and the rent (if that's the word for a licence agreement)...

Am hoping you can give me some advice please.
Have paid monthly "yard" rent on time for last 15 or so years, rent free prior to that.
Verbally told yesterday to move out by November. "You have outgrown yard"
No written agreement or lease...

Thanks All.
Development is possible but unlikely planning would be granted. This being the case that is a valid reason for notice but there is no known intention to redevelop. Tenure of area commenced 1993 so before the changes in 1995.

I assume planning status of farm is still agricultural? May be wrong but I think you would need change of use to carry out the business you do in the buildings (but more than 10 years would get cert of lawfulness). You would not class as agricultural for planning. I would think you would be entitled...